Do we legally have to pay for our tenants’ tree to be felled?
9:36 AM, 13th May 2024, 2 years ago
20
Hello, I have a question. Our tenants have large and well matured front and back gardens. There is a well established, large tree in their front garden (over 50 years old) which is affecting the neighbour’s garden in as much as because it blossoms throughout the Spring and Summer months they are unable to sit out in their garden as bits come off the tree making it virtually impossible to take food or drink out there.
These neighbours are also tenants, although they rent from the local housing association.
They are asking our permission to get the tree taken down and also to pay for the work as it is in our tenant’s garden.
My question is….. IF, after consulting with our tenants, we give permission for the tree to be felled, do we legally have to pay for this to be done?
I look forward to hearing your response.
Thank you,
Andrea
Tags:
tenant complaint, tree overhanging
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Member Since November 2016 - Comments: 227
1:24 PM, 13th May 2024, About 2 years ago
Is the tenant responsible for the garden?
Member Since September 2023 - Comments: 92
2:16 PM, 13th May 2024, About 2 years ago
What flavour of tree is it? Lots of blossom falling not so long ago feels like it may be an ornamental cherry. However that’s irrelevant at the minute if you can identify it and it is non indigenous then that’s the first step. To be honest if I had been the neighbour I would have pruned it back and then given your tenants the branches back.or if it was an ornamental cherry some cheap mesh strung under the branches to catch the dropped blossom, but then I like sakura
Member Since April 2023 - Comments: 20
2:18 PM, 13th May 2024, About 2 years ago
The tree was most probably wouldn’t have been an issue 50 years ago if it was there. Trees tend to get quite large in that period of time. I have some trees that were saplings 30 tears ago and are now well over 10 metres now. I agree with all your comments
Member Since September 2023 - Comments: 92
2:18 PM, 13th May 2024, About 2 years ago
Reply to the comment left by Martin Roberts at 13/05/2024 – 13:24
Last time I was a tenant I was for the general upkeep and shrubs not the trees. Not falling for that again though as the 40ft hedge was completely laced with pyrocanthus and wasn’t supplied with anything to deal with it. Evil plant
Member Since May 2014 - Comments: 252
3:16 PM, 13th May 2024, About 2 years ago
Reply to the comment left by NewYorkie at 13/05/2024 – 10:50
Wow, what an atitude. It is also unlikely there is TPO on a garden tree that young.
Member Since October 2013 - Comments: 1630 - Articles: 3
3:23 PM, 13th May 2024, About 2 years ago
Reply to the comment left by Colin Dartnell at 13/05/2024 – 15:16
Sorry you don’t like my attitude. But it makes me so angry when people believe they are entitled to demand the removal of a tree for no good reason. More so, when they aren’t even the homeowners.
Member Since July 2013 - Comments: 754
4:28 PM, 13th May 2024, About 2 years ago
As others have said, liability for the tree rests with the owner, but I would also think about having a word with the LL of the adjoining property, who may have a view – they may not agree with their tenant’s entitled viewpoint.
Member Since October 2022 - Comments: 403
8:38 AM, 18th May 2024, About 2 years ago
Garden trees especially willows must be trimmed every few years. The size of the crown is the spread of the root system.
The issue is whether the roots are affecting the foundations of the property and underground pipes and sewers which are costly to repair and may not be covered by insurance if tree not regularly cut back. Garden trees can revert to forest trees if not maintained and if an oak tree will have a conservation order.
Member Since May 2024 - Comments: 3
9:46 AM, 18th May 2024, About 2 years ago
Neighbours can cut back anything growing in their side and put the cuttings over the fence in your gardens. That is a right they have. They don’t have a right to tell you to cut anything on their side let alone cutting the tree down.
Tenant should be pruning back the tree if looking after the garden is in the tenancy agreement. Although if the tree is huge then realistically you should help.
Long story short – you can keep the tree.
Member Since April 2021 - Comments: 189
1:24 PM, 18th May 2024, About 2 years ago
Agree with the poster who said get an arborist’s or tree surgeon’s advice. It’s not necessarily so that any pruning takes place in the winter, it depends on the tree species but they should be able advise on that as well